SUPREME COURT OF NOVA SCOTIA
Citation: MacKean v. Royal & Sun Alliance Insurance Company of Canada, 2014 NSSC 33
Date: 20140130
Docket: Pic No. 296867
Registry: Halifax
Between:
Cindy L. MacKean and Dalton Holley, an infant, through his Litigation
Guardian Cindy L. MacKean
Plaintiffs
- and -
Royal & Sun Alliance Insurance Company of Canada
- and -
Joseph Allen Goodall
Defendants
LIBRARY HEADING
Judge: The Honourable Justice Michael J. Wood
Heard: January 16, 2013 and January 8, 2014 (in Chambers), in Halifax, Nova Scotia
Final Written
Submissions: January 20, 2014
Written Decision: January 30 , 2014
Subject: Damages - Assessment of Quantum
Insurance - Subrogated Claims
Uninsured Motorist Coverage
Summary: The plaintiffs were injured in an accident allegedly caused by an uninsured driver. They settled their Section D claims with their insurer, RSA, and also assigned their claims to RSA. A motion was brought for assessment of damages against the uninsured driver who had default judgment entered against him.
Issue: What is the nature of the evidence required to assess damages on a subrogated claim?
Result: The plaintiffs argued that they were only required to show that the settlement with the insured was reasonable and, if so, obtain judgment in that amount. Court concluded that amount of settlement was irrelevant and the plaintiffs were required to prove their damages. Motion dismissed due to lack of sufficient evidence.
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